Even before you establish a brand, there are steps you can take to protect your intellectual property.
By Diana Chan | amdlawgroup.com
In fashion, designs are continuously changing yet also seem to overlap among higher-end and lower-end brands. Designers should be wary when launching a design for their brand because of the risk that someone else may create a knockoff or variation of their original design. Because of this, designers must create something that is signature and innovative to the brand and that will to be protected under intellectual property laws.
On December 17th the US Patent and Trademark office (USPTO) amended its regulation regarding certain trademark fees as authorized by the Leahy-Smith America Invents Act (AIA). The changes will be effective on January 17th 2015 and will be included in the Federal Register Notice.
Trademark law has developed tremendously over time, thanks in huge part to the thriving field of technology. What was once a law dedicated generally to what people see, has now become a law dedicated also to what we hear. Just think about it. When you’re sitting on your couch at home watching TV and you hear, “Easy, Breezy, Beautiful”, you almost already know that this is a Cover Girl commercial. Or think about when you’re riding in your car listening to the radio, and you hear, “Ba Da Ba Ba Baaahhh, I’m Lovin’ It”, you automatically know that it’s a McDonald’s commercial. Increasingly, trademark law has not only come to protect words that you see as images, but words as you hear as slogans too.
By Ozelle Martin | amdlawgroup.com
Tyler Perry is a highly acclaimed film creator, screen and play writer, actor and now, a new trademark owner. Recently, he was involved in a blistering trademark battle, in the case of Tyler Perry Studios, LLC v. Kimberly Kearney. The featured actor in this tale of the trademark registration of “What Would Jesus Do?” was “use in commerce.”
By Ann Marie Sallusti | amdlawgroup.com
Hashtags are any word or words that have the pound (or hash) symbol in front of them. They are used to get certain words to trend on the Internet via twitter, instagram, Facebook and other social media networks. Anything can be a hashtag. For example, #mybrand, #awesome, #dolls, #trademark, and #fashion. Hashtags can be used to trigger discussions via twitter and other social media websites. A user can register their hashtag using the twubs website and track the use their hashtag receives from the Internet and social media networks. Hashtags can help get a user circulate his/her idea across the market. Additionally, hashtags can emphasize a point the user is trying to make about an event in the world or a personal experience.
The Worldwide famous fast food chain is in the process of securing the trademark term” McBrunch.”
Make sure you are informed about all of the maintenance steps to keep your trademark active and alive in the USPTO database. You will not receive a call, email or any notice if your trademark is out of maintenance. Ensure that you make the proper filings and pay the proper fees and keep your hard earned registered trademark active.
The billion dollars app boom is far from being over! A recent study carried out by GIGAOM for the European Commission (https://ec.europa.eu/digital-agenda/en/news/sizing-eu-app-economy) shows how apps are going to substantially contribute to the future global economy and how app developers are going to take the global lead. It is important, for app developers, to know how to obtain protection for their ideas at first, and in the end for their developed apps.
British luxury shirt retailer Thomas Pink filed an infringement action against the UK branch of American lingerie retailer Victoria’s Secret with the Patents County Court in London back in May. Thomas Pink alleges that the Victoria’s Secret PINK line, designed to target the younger crowd of teens to twenty-somethings, confuses customers by marketing and selling products under the label “PINK”, which is also a name under the Thomas Pink brand.
Last month, small Atlanta-based shoe designer, Antonio Brown, sued big time company, Louis Vuitton, for trademark infringement. Since the earlier months of 2013, Brown’s sneaker collection has been known for its distinctive metal plate placed across the toe box of its shoes. In February of this year, Louis Vuitton’s new “On the Road” collection made its debut with an all too familiar metal plate, placed right across the toe of the shoe.
By Diana Chan | amdlawgroup.com
Last summer, the United States Customs & Border Patrol (CBP) in Los Angeles, California, seized over 16,000 counterfeit Hermès handbags, valued at $295,665. If they were genuine Hermès handbags, the total retail price would have been nearly $211 million. In May of this year, CBP in Jersey City, New Jersey, intercepted 185 counterfeit guitars bearing trademarks such as Gibson, Les Paul, and Martin. The counterfeit guitars were being sold for $200 to $500, while the retail price of genuine models range from $2,000 to $54,000.
Originally posted 2013-05-21 10:55:34. By Sohyeon Lee | amdlawgroup.com On 2 May 2013, Google filed a patent application for Policy Violation Checker— a system that detects problematic phrases in electronic documents. The purpose of this system is to prevent phrases that could potentially violate company policies or cause legal conflicts for businesses and individuals. In […]
Muti Time Machine Inc, v. Amazon.com deals with the question of whether Amazon’s search results violate trademark law. Multi Time Machine sued Amazon for copyright infringement. For those of us who are familiar with Amazon, we have probably found ourselves searching for something on Amazon, adding it to our shopping bag, and then proceeding to find another ten items we would also like to buy. There is no doubt that Amazon benefits customers in the way that it offers complementary and competitive products. On the other hand this does not make many trademark owners happy as they may loose the purchase to a competitor
The Redskins argue that they do not mean to offend anyone and that the name actually honors the Native Americans. If the trademark protection goes through, the Redskins can still not be stopped from using the name.